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Bridging the gap between international and national legal frameworks

Bridging the gap between international and national legal frameworks

May 12 2011, 11:33 AM by Ray Acheson, Reaching Critical Will

As part of the discussion on national frameworks and what is required for successful implementation of the UNPoA, a thorough and pragmatic presentation from the UN Office on Drugs and Crime (UNODC) offered member states an important legal and criminal justice perspective on controlling the illicit trafficking of SALWs. The presenter described the Model Law against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition. The Model Law has been developed in response to the request for legislative assistance and legal drafting advice by member states to implement the provisions contained in the Protocol of the Model Law, which supplements the UN Convention against Transnational Organized Crime.

by Katherine Prizeman, Global Action to Prevent War

Additionally, the Model Law springs forth from the mandate of the Conference of the Parties to the Convention against Transnational Organized Crime to develop technical assistance tools to assist Member States in strengthening their domestic legislation to be consistent with the Protocol. The Model Law, entirely voluntary, seeks to facilitate the review and amendment of existing legislation as well as the adoption of new legislation on firearms. Perhaps most useful, the Law provides an opportunity for self-assessment that allows states to identify their specific needs and, therefore, best formulate national legislation that addresses their domestic issues in an international context.

The support available from the UNODC is an excellent example of resources that are valuable to states that otherwise would not have the capacity to strengthen, or in some instances formulate, national legal frameworks within which the UNPoA can successfully and effectively be implemented. As has been discussed over the last four days at the MGE, the international legal framework is fundamentally in place with the existence of the UNPoA, the ITI, and the Firearms Protocol among others. The international commitments have largely been achieved, but the work is far from complete. The essential purpose of this week’s discussions among experts implementing these instruments in their respective capitals is how to improve national mechanisms and structures so that effective implementation is feasible in all states towards the eradication of the illicit trade in SALWs globally.

The three pillars of implementation—marking, recordkeeping, and tracing—are matters first and foremost of national responsibility, a point that has been repeatedly made by many delegations throughout the week. Some member states have called for separate national action plans as a supplement to the internationally-agreed UNPoA on small arms. To make good on these national responsibilities, member states must take advantage of the resources available to bridge the gap between the existing international legal framework and their respective national legislation regarding small arms and light weapons.

While this week is providing a robust opportunity for a free exchange of best practices regarding the technicalities of implementation, the issue of national legislation is also critical to long-term success. Bilateral and regional technical support is one excellent option for member states that require it. For example, the DRC requested technical assistance from the US delegation for tracing. However, the formulation of national legal frameworks requires deep understanding of national laws, customs, and politics. As such, the resources provided by the UNODC provide the opportunity for states to self-assess and identify what is needed to best implement a national legal framework consistent with international law, but also adaptable to the state’s national legal system. As pointed out by the representative of the UNODC, national legislation must be consistent with international law—meaning that it cannot contradict the law though it does not necessarily have to replicate it.

We encourage member states to look carefully at their national legal frameworks and seek out the support that is being offered to help implement legislation that is consistent with the international treaties and agreements on small arms while being sensitive to what is best and most appropriate for the national legal system and, ultimately, the security needs of its people.

The Control Arms campaign is a global civil society alliance that has advocated for a bulletproof Arms Trade Treaty for over a decade. Made up of over 100 charity, nonprofit, and nongovernmental groups throughout the world, Control Arms continues to strive for a world where deadly weapons are kept out of the wrong hands through a regulated arms trade.